Experts slam human rights Bill to protect children born alive after abortion

Children born alive after an abortion are currently cared for under NT guidelines, but a Bill legislating the practice has been slammed by experts. Find out why.

Woman with male doctor generic

A federal government Bill that “requires” health practitioners to provide medical care and statistics on children born alive as a result of abortion has been labelled “simply unnecessary” by NT advocates.

Family Planning and Welfare NT chief executive Robyn Wardle said the Human Rights (Children Born Alive Protection) Bill 2022 would further stigmatise providers of abortion healthcare through over-regulation.

“Person-centred abortion decision-making that is shared between a client and their healthcare provider is a long-established best practice, which is supported by existing clinical guidelines and professional standards,” she said.

“FPWNT will continue to support people seeking abortion care and advocate to remove this medical procedure out of any legislation.”

Family Planning and Welfare NT chief executive Robyn Wardle said the Bill was ‘simply unnecessary’.

An NT Health spokeswoman said the Territory already followed clinical guidelines surrounding children born alive after an abortion.

“Local procedures may also be established where additional guidance is required to meet the needs of the clinical setting, as well as the patient’s cultural and safety needs,” she said.

“All deaths following a live birth are reportable to the coroner, require birth and death registration, and burial or cremation.”

It comes as Darwin baby Jessica Jane’s 80-minute life in 1998 was the centre of heated debate in a Community Affairs Legislation Committee meeting in Canberra last week.

Obstetrics and gynaecology specialist Dr Henry Cho in 1999 told former Coroner Greg Cavenagh he authorised the second-trimester abortion at Darwin Private Hospital because the mother would “be in great psychological trouble if she continued with the pregnancy”.

Nurse Carrie Williams – who was caring for Jessica’s mother alone and understood the foetus would be about 19 weeks old – told Mr Cavenagh she delivered the baby and checked on her every 15 minutes.

Ms Williams said she called her supervisor – who could not offer advice for the unprecedented event in DPH – and Dr Cho.

She believed the baby to be healthy, and estimated Jessica was actually about 22-24 weeks old.

“I desperately wanted to do more, but felt my hands were tied.”

Today ALHR appeared before the Community Affairs Legislation Committee Inquiry into the Children Born Alive Protection Bill. This Bill dangerously undermines international #HumanRights standards & demonises healthcare providershttps://t.co/pCBvFFNEY3#auslaw#ReproductiveRightspic.twitter.com/z8obKpZN8G

— Aus Law Human Rights (@AusLawyersHR) June 8, 2023

The Bill was tabled last November to prevent similar tragedies but has sparked concerns it could undermine doctors’ authority.

Australian Lawyers for Human Rights women and girls’ rights co-chair Tania Penovic recommended the Bill be rejected entirely.

“The consequences of this legislation may be quite unexpected and counterintuitive,” Dr Penovic told the committee.

“It is premised on an assumption that doctors do not already comply with guidelines and ethical codes.

“It’s an assumption that is not borne out by the data.”